St. Marys Machine Co. v. Iola Mill & Elevator Co.

The opinion of the court was delivered by

Mason, J.:

The St. Marys Machine Company sold two gas engines to the Iola Mill & Elevator Company, under a written contract providing that title should remain in the vendor until the purchase price was paid. Payment was not made, and the seller brought replevin for the engines, which in the meantime had been set up and bolted to concrete bases in a building erected by the buyer. Caroline Frantz, who by a sheriff’s deed had acquired title to the building, intervened and claimed the engines as a part of the real estate. The plaintiff recovered, and the…